Performance Pricing, Inc. v. Google Inc. et al Doc.

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

PERFORMANCE PRICING, INC.,

Plaintiff,
v. Case No. 2:07-cv-432 (LED)

GOOGLE INC., AOL LLC, MICROSOFT JURY TRIAL DEMANDED

CORPORATION, YAHOO! INC.,
IAC SEARCH & MEDIA, INC., and
A9.COM, INC.,

Defendants.

Agreed Docket Control Order

DATE DUE ACTION

9:00 a.m. JURY TRIAL as reached at the United States District Court, 100 E.
4/12/2010
Houston, Room 125, Marshall, Texas 75670.
9:00 a.m. JURY SELECTION at the United States District Court, 100 E.
4/6/2010
Houston, Room 125, Marshall, Texas 75670.
3/18/2010 PRETRIAL CONFERENCE at the United States District Court, 211 W.
Ferguson, Tyler, Texas. All pending motions will be heard.
Lead trial counsel must attend the pretrial conference.
Parties to file estimates of the amount of time they request at jury selection
3/16/2010 and trial for (1) voir dire, (2) opening statements, (3) direct and cross
examinations, and (4) closing arguments.
3/15/2010 Pretrial Objections due.
The parties are directed to confer and advise the Court on or before 3:00
3/11/2010 o’clock p.m. the day before the pre-trial conference which paragraphs are
agreed to and those that need to be addressed at the pre-trial conference.
2/26/2010 Objections to Rebuttal Deposition Testimony due.
2/25/2010 Motions in Limine due.
Rebuttal Designations and Objections to Deposition Testimony due. Cross
examination line and page numbers to be included. In video depositions, each
2/12/2010
party is responsible for preparation of the final edited video in accordance
with their parties’ designations and the Court’s rulings on objections.
Pretrial Disclosures due.
1/22/2010 Video and Stenographic Deposition Designations due. Each party who
proposes to offer deposition testimony shall file a disclosure identifying the

Dockets.Justia.com
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line and page numbers to be offered. In video depositions, each party is

responsible for preparation of the final edited video in accordance with their
parties’ designations and the Court’s rulings on objections.
Joint Pretrial Order, Joint Proposed Jury Instructions with citation to
authority, and Form of the Verdict for jury trials. Proposed Findings of Fact
and Conclusions of Law with citation to authority for bench trials.
Notice of Request for Daily Transcript or Real Time Reporting of Court
1/12/2010
Proceedings. If a daily transcript or real time reporting of court proceedings
is requested for trial or hearings, the party or parties making said request
shall file a notice with the Court and email the Court Reporter, Shea Sloan, at
shea_sloan@txed.uscourts.gov.
1/8/2010 Parties to Identify Rebuttal Trial Witnesses.
Last Day for Response to Dispositive Motions (including Daubert motions).
Responses to dispositive motions filed prior to the dispositive motion
12/10/2009
deadline, including Daubert Motions, shall be due in accordance with Local
Rule CV-7(e).
Last Day for Dispositive Motions from all parties and any other motions that
may require a hearing (including Daubert motions); Motion for Summary
11/12/2009
Judgment shall comply with Local Rule CV56. Answer to Amended
Pleadings (after Markman Hearing) due.
12/4/2009 Parties to Identify Trial Witnesses
Amend Pleadings (after Markman Hearing). It is not necessary to file a
Motion for Leave to Amend before the deadline to amend pleadings. It is
necessary to file a Motion for Leave to Amend after the deadline. However,
10/23/2009 except as provided in Patent Rule 3-6, if the amendment would effect
preliminary or final infringement contentions or preliminary or final
invalidity contentions, a motion must be made pursuant to Patent Rule 3-7
irrespective of whether the amendment is made prior to this deadline.
10/16/2009 Discovery Deadline. This date is the last day to complete discovery.
Parties designate responsive expert witnesses (non-construction issues).
9/18/2009
Expert witness reports due. Refer to Local Rules for required information.
Parties with burden of proof designate expert witnesses (non-construction
8/17/2009 issues). Expert witness reports due. Refer to Local Rules for required
information.
Comply with P.R.3-7- Furnishing documents and privilege logs pertaining to
8/12/2009
willful infringement.
Comply with P.R. 4-6- Markman Hearing at 9:00 a.m. at the United
6/18/2009 States District Court, 211 West Ferguson, 2nd Floor, Courtroom of
Judge John D. Love, Tyler, Texas.
Reply to Motion for Summary Judgment of Indefiniteness due. The filing
party is to provide the Court with 2 binders containing their brief and exhibits
appropriately tabbed. If a technical advisor has been appointed the moving
6/11/2009 party is to provide their brief on disk or CD along with a hard copy, tabbed
and bound in notebook format with exhibits to the advisor.
Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional

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circumstances.
Comply with P.R. 4-5(d)- Chart due. Parties shall jointly submit a claim
6/11/2009 construction chart on computer disk in WordPerfect format or in such other
format as the Court may direct in accordance with P.R. 4-5(d).
Parties to file a notice with the Court stating the estimated amount of time
6/8/2009 requested for the Markman Hearing. The Court will notify the parties if it is
unable to accommodate this request.
Comply with P.R. 4-5(c)- Reply brief and supporting evidence due re
response to claim construction. The filing party is to provide the Court with 2
binders containing their reply brief and exhibits appropriately tabbed. If a
6/6/2009
technical advisor has been appointed the moving party is to provide their
brief on disk or CD along with a hard copy, tabbed and bound in notebook
format with exhibits to the advisor.
Response to Motion for Summary Judgment on Indefiniteness due. The filing
party is to provide the Court with 2 binders containing their brief and exhibits
appropriately tabbed. If a technical advisor has been appointed the moving
party is to provide their brief on disk or CD along with a hard copy, tabbed
5/21/2009
and bound in notebook format with exhibits to the advisor. Briefing shall
comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional
circumstances.
Responsive brief and supporting evidence due to party claiming patent
infringement. The filing party is to provide the Court with 2 binders
containing their Markman brief and exhibits appropriately tabbed. If a
5/15/2009
technical advisor has been appointed the moving party is to provide their
Markman brief on disk or CD along with a hard copy, tabbed and bound in
notebook format with exhibits to the advisor.
Motion for Summary Judgment on Indefiniteness due. The moving party is to
provide the Court with 2 binders containing their brief and exhibits
appropriately tabbed. If a technical advisor has been appointed the moving
party is to provide their brief on disk or CD along with a hard copy, tabbed
4/30/2009
and bound in notebook format with exhibits to the advisor.
Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional
circumstances.
Comply with P.R. 4-5(a)- The party claiming patent infringement shall serve
and file an opening brief and any evidence supporting its claim construction.
The filing party is to provide the Court with 2 binders containing their
Markman brief and exhibits appropriately tabbed. If a technical advisor has
been appointed the moving party is to provide their Markman brief on disk or
4/15/2009
CD along with a hard copy, tabbed and bound in notebook format with
exhibits to the advisor. Briefing shall comply with Local Rules CV-7 and 56
and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional
circumstances.
3/12/2009 Tutorials due. Deadline for parties, if they desire, to provide Court with

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tutorials
concerning technology involved in patent. If a technical advisor has been
appointed, each party that provides a tutorial shall provide a copy to the
advisor.
Discovery Deadline - Claim Construction Issues. This date is the last day to
2/26/2009
complete discovery on claim construction issues.
1/30/2009 Respond to Amended Pleadings.
Proposed Technical Advisors due. Parties to provide name, address, phone
number, and curriculum vitae for up to three agreed technical advisors and
information regarding the nominees’ availability for Markman hearing or a
1/30/2009
statement that they could not reach an agreement as to any potential technical
advisor. If the parties cannot agree on a technical advisor, they shall not
submit any proposed technical advisors to the Court.
Comply with P.R. 4-3- Filing of Joint Claim Construction and Pre-hearing
1/30/2009
Statement.
Defendant shall assert any counterclaims. After this deadline, leave of Court
must be obtained to assert any counterclaims. Add any inequitable conduct
allegations to pleadings. It is not necessary to file a motion for leave to add
1/16/2009
inequitable conduct allegations to pleadings prior to this date. Thereafter, it is
necessary to obtain leave of Court to add inequitable conduct allegations to
pleadings.
Amended Pleadings (pre-claim construction) due from all parties. It is not
necessary to file a Motion for Leave to Amend before the deadline to amend
pleadings. It is necessary to file a Motion for Leave to Amend after the
1/16/2009
deadline. However, if the amendment would affect infringement contentions
or invalidity contentions, a motion must be made pursuant to Patent Rule 3-7
irrespective of whether the amendment is made prior to this deadline.
Comply with P.R. 4-2- Exchange of Preliminary Claim Constructions and
Extrinsic Evidence. Privilege Logs to be exchanged by parties (or a letter to
12/5/2008
the Court stating that there are no disputes as to claims of privileged
documents).
Comply with P.R. 4-1- Exchange Proposed Terms and Claim Elements for
10/30/2008
Construction.
Comply with P.R. 3-3 and 3-4- Invalidity Contentions due. Thereafter, it is
necessary to obtain leave of Court to add and/or amend invalidity
contentions, pursuant to Patent Rule 3-6. Defendant shall join additional
7/14/2008
parties. It is not necessary to file a motion to join additional parties prior to
this date. Thereafter, it is necessary to obtain leave of Court to join additional
parties.
5/19/2008 Parties submit the name of a mediator.
Comply with P.R. 3-1 and P.R. 3-2- Disclosure of Asserted Claims and
Infringement Contentions due. Thereafter, it is necessary to obtain leave of
Court to add and/or amend infringement contentions, pursuant to Patent Rule
5/14/2008
3-6. Plaintiff shall join additional parties. It is not necessary to file a motion
to join additional parties prior to this date. Thereafter, it is necessary to
obtain leave of Court to join additional parties. Plaintiff shall add new patents

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and/or
. claims for patents-in-suit. It is not necessary to file a motion to add
additional patents or claims prior to this date.
Thereafter, it is necessary to obtain leave of Court to add patents or claims.

So ORDERED and SIGNED this 14th day of May, 2008.

___________________________________
JOHN D. LOVE
UNITED STATES MAGISTRATE JUDGE